A man has been acquitted by the Waigani National Court after it found no evidence that he killed an unborn child when he kicked a woman in the stomach.
The State has to show evidence establishing the elements of the offense of killing an unborn child under section 312 of the Criminal Code of PNG.
The State alleged that Hadasha N’dranoh was about to deliver a child but there was no safe and reliable evidence before the court that the actions of the accused prevented the foetus or child from being born alive
The victim, Hadasha N’dranoh in giving evidence asserts she was pregnant, however the court found no substantial evidence to support the assertion.
There were no medical records to show that she was undergoing medical examinations as a pregnant patient, no antenatal card in evidence to show she was pregnant, no evidence of the dead foetus, placenta, maternity blood or a severed umbilical cord.
The Court in assessing the evidence before it found that although the witness said William Mirino caused her to have a miscarriage by kicking her stomach, there was no medical opinion or evidence to support that.
There was no autopsy conducted on the feotus or child to determine the case of death or medical evidence of miscarriage.
Mirriam D’dranou, the mother of the complainant, also gave evidence in court saying she was told by the husband of Hadesha, Jeffery Wafi that Hadesha was pregnant however she did not give evidence of Hadasha going to the hospital.